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February 22, 1999

CLA-2-62:RR:NC:3:353 D87681

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.2010

Mr. Mike Heffner
Masterpiece International, Ltd.
2300 Higgens Road
Elk Grove, IL 60007

RE: The tariff classification of bibbers from China and Hong Kong.

Dear Mr. Heffner:

In your letter dated January 28, 1999, on behalf of G.&S. Products, Inc., you requested a classification ruling.

The submitted sample is a style number UNBIBL32 bibber made of woven 100% polyester fabric. The item is used as a uniform pant for marching band members. There are elastic side gussets, reinforced angled suspenders, and a metal self locking zipper featuring a left over right flap with a snap closure at the top. The bibbers are made for unisex sizing and the waist size ranges from 24 to 50 inches. The bibbers are marketed to both males and females.

You suggest that the correct classification should be as a women’s or girls’ garment.

Chapter 62 Note 8 states:

“Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.”

The marketing or designation of a garment as a “unisex” garment does not determine its classification. Rather, it is the construction of the garment. Note 8 clearly states that unless the “cut” of the garment indicates otherwise, garments with left over right closures are classifiable as men’s or boys’ garments. Since the garment at issue has a left over right closure at the front and the cut of the garment does not clearly indicate the garment is designed for one or the other sex, the garment is classifiable as a men’s garment.

The applicable subheading for the style number UNBIBL32 bibber will be 6203.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Men's or boys' suits, ensembles, suit?type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Bib and brace overalls: Other...Other: Men’s.” The duty rate will be 16% ad valorem.

Style number UNBIBL32 bibber falls within textile category designation 659. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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